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Section 24 – The Provincial Insolvency Act,1920

The Provincial Insolvency Act,1920

Section 24. Procedure at hearing

(1) On the day fixed for the hearing of the petition, or on any subsequent day to which the hearing may be adjourned, the Court shall require proof of the following matters, namely,-

(a) That the creditor or the debtor, as the case may be, is entitled to present the petition;

Provided that, where the debtor is the petitioner, he shall, for the purpose of proving his inability to pay his debts, be required to furnish only such proof as to satisfy the Court that are prim(i facie grounds for believing the same and the Court, if and when so satisfied, shall not be bound to hear any further evidence thereon;

(b) That the debtor, if he does not appear on a petition presented by a creditor, has been served with notice of the order admitting the petition; and

(c) That the debtor has committed the act of insolvency alleged against him.

(2) The Court shall also examine the debtor, if he is present, as to his conduct dealings and property in the presence of such creditors as appear at the hearing, and the creditors shall have the right to question the debtor thereon.

(3) The Court shall, if sufficient cause is shown, grant time to the debtor or to any creditor to produce any evidence, which appears to it to be necessary for the proper disposal of the petition.

(4) A memorandum of the substance of the examination of the debtor and of any other oral evidence given shall be made by the Judge, and shall form part of the record of the case.

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The Provincial Insolvency Act,1920

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